In Protection of Protected Characteristics as Defined by the Equality Act 2017 (Isle of Man)

Introduction

This paper outlines the ongoing relevance of the characteristics which are protected by Manx law in specified circumstances: for instance, while accessing public services, in education, and in employment. The protected characteristics are highlighted by Part 2, Division 1 of the Equality Act 2017 (Isle of Man) (“the Act”). The Act mirrors the Equality Act 2010 of the United Kingdom (“the Corresponding Act”), which also contains similar provisions in protection of those who have any of the relevant characteristics which are protected and governed by laws. The ‘protected characteristics’ are: age; disability; gender reassignment; marriage and civil partnership; race; religion or belief; sex; and sexual orientation. It is unlawful to discriminate an individual while accessing any of the relevant services as highlighted above, amongst others, and one may be able to claim compensation for any such discrimination taking place. For instance, choosing not to hire someone for a job role precisely because they are a homosexual is in itself in contrary to the stipulations of the Act.

The relevance of the Act in contemporary Manx law and Manx society is profound: a growingly diverse infrastructure of persons, with people from all backgrounds taking up employment or accessing public services, the provisions of the Act are more important now than ever. This paper seeks to examine the concurrent relevance of the Act, in line with the times in which we live in. It does this by sectioning the paper into two parts: Part 1 and Part 2. The final section will conclude the essay, along with including a table of cases and/or statutes, which are of relevance to this paper.

Part 1: Protected Characteristics — Why Are They Necessary?

To discriminate someone on the basis of their protected characteristics is determined to be unlawful as per the sections of the Act. The Corresponding Act contains similar provisions, and it is quite plausible that the Manx Act of the same entitlement is based off of the Corresponding Act, considering that it was enacted in succession to the Corresponding Act. Nevertheless, the importance of the inclusion of protected characteristics are more relevant now than ever. The Isle of Man, maintaining a developing and diverse populace, means that it should be unlawful to discriminate anyone on the basis of the characteristics as outlined above. This is because many of these characteristics are what cannot be controlled; for instance, to what extent can one determine their age, disability status, or race or ethnic origin? Further, the identification of LGBT+ persons with sections 8 (gender reassignment) and 13 (sexual orientation) in their protection is a distinctive development in the landscape of legalities. Considering that being gay was formerly unlawful in the preceding century, it is paramount that the rights of these individuals to not be discriminated against is enshrined into law.

Moreover, it may be argued that the identification of protected characteristics from initial applications is in itself in contradiction to the Act: if characteristics are to be protected, is it, therefore, consequentially necessary to indulge in such information to a prospective employer or public service provider, such as a hospital or general practitioner? This paper argues that it is, indeed, in direct contradiction to the stipulations of the Act to require the disclosure of such information, for it is arguably private data which an individual does have the right to prevent indulgence thereof. Further, if protected characteristics are to be distinguished from other characteristics of an individual, such as tattoos or smoking preferences, which are controllable features of personages in themselves, it is arguable that the indulgence of such information is both uncanny and superfluous. Rather than protecting such individuals from discrimination, it provides the bedrock to fuel any such discriminatory acts in taking place; indeed, it is quite easy for a putative employer to officially justify their rejection of a speculative applicant for another reason - inexperience in the field, lack of qualifications, or not quite what they were looking for - but the disclosure of the inherent disparities of those maintaining the protected characteristics are exactly what is written verbatim: protected.

Part 2: The Future of Protected Characteristics — How Will They Change?

It is unlikely that the peculiar identification of contemporary persons with different pronouns will be protected under the Act via putative amendments. This is because it is rather impossible to deduce the exact number of different pronouns any distinctive individual may go by or utilise in reference to themselves. Further, the art of the English language is such that he, she, and they, are already infused with the language itself; the additive fragmentation with further pronouns proves difficult to categorise legally, and therefore it is not currently possible to protect such features of language.

Protected characteristics are cemented into English, Welsh, and Manx law, as a resultant of historical differentiation on the basis of those very characteristics. The determinant of such laws is to prevent the illegal division of rights from the very persons they are intended to protect, and to do so would be contrary to the Act itself. Further, by providing for these characteristics in a distinctive Act itself, allows all persons, regardless of potential disability and/or distinctive sexualities, to fully immerse and take part in the economy and the wider society around us. To divide one from the other is to ensure future division, confrontation, and ostracism, on the basis of what cannot be controlled to a reasonable degree.

Conclusion

In essence, this paper has shown three elements to a reasonable degree: (a) protected characteristics are essential within the provisions of the Act to ensure equal opportunities for those who have historically been discriminated against; (b) these very characteristics, which are determined to be uncontrollable on the part of the individual, are enshrined to be protected on the basis that they cannot be altered for the foreseeable future; and (c) everyone, regardless of their protected characteristics, has the legal right to take part in public and private life on equal terms, hence the entitlement of the Act, which drew from separate pieces of historical legislative clauses, designating their legal protection. Ultimately, it may be said that though the Act was introduced seven years after the introduction of the Corresponding Act, it is as relevant as ever, in the protection of minority rights on the Isle of Man.

Table of Statutes

Equality Act 2017 (Isle of Man) (“the Act”).
Equality Act 2010 (United Kingdom) (“the Corresponding Act”).